ERIE — A consumer is suing Smith Provision Co., Eriez Manufacturing Inc. and Wegmans Inc., hot dog distributors, citing alleged negligence and strict product liability.
Joseph Pool filed a complaint in the Erie County Court of Common Pleas against the defendants alleging that they failed to provide hot dogs that were fit for human consumption. The defendants removed the case to Erie federal court on Oct. 1.
According to the complaint, the plaintiff alleges that on March 30, 2017, he purchased defendants' hot dogs for personal consumption. As a result of ingesting hot dogs containing metal shards, she suffered personal injuries, emotional distress and mental anguish and has incurred medical bills. The plaintiff holds Smith Provision Co., Eriez Manufacturing Inc., and Wegmans Inc. responsible because the defendants negligently allowed hot dogs containing metal shards to be released into the stream of commerce, the suit says.
The plaintiff requests a trial by jury and seeks damages in an amount of $2 million. He is represented by Anthony Rodriques of Erie.
U.S. District Court for the Western District of Pennsylvania case number 1:18-cv-00295-SPB.